L1 Visa Queries

[H1BMonty]

Hi,

I have recently joined ( a month back) a US based company in India, I have following queries regarding L1 visa:-

1) Whether to be eligible for L1 visa whether I need to serve in the company for a year? whether that is mandatory as per US embassy?
2) I know that unlike H1B , L1 doesnt have the quota/cap, hence whether we can apply for L1 anytime in a year?
3) If L1 is rejected at first go whether we can apply for L1 again immediately? If not how long we need to wait before applying again?
4) How long it will take to process L1B which comes under regular?
5) Why L1 have more rejections?


Please clarify.

Thanks.

[raghvi]

Hi,

I have recently joined ( a month back) a US based company in India, I have following queries regarding L1 visa:-

1) Whether to be eligible for L1 visa whether I need to serve in the company for a year? whether that is mandatory as per US embassy?
2) I know that unlike H1B , L1 doesnt have the quota/cap, hence whether we can apply for L1 anytime in a year?
3) If L1 is rejected at first go whether we can apply for L1 again immediately? If not how long we need to wait before applying again?
4) How long it will take to process L1B which comes under regular?
5) Why L1 have more rejections?


Please clarify.

Thanks.

L1B or L1A? I am assuming L1B - specialized knowledge.
1. Yes. This is one of the basic eligibility criterion. One should have worked outside US for at least a year for the non US branch/subsidiary.
2.Yes.
3. Just like with any other visa rejection, if you apply immediately without determining and working on the reasons for the rejection then it is highly likely that the visa request will be rejected subsequently too.
4. 2-4 Months.
5. Multiple reasons. Broadly speaking L1 visas were designed to help companies transfer employees from their non US branch into US to work on a specific product/tool/methodology which is proprietary to company. The employee should have unique and rare skill set within the organization and in the industry in order to be considered eligible. Many companies/employees are not able to justify this during interview and hence get rejected. Also the officers are questioning more the specialized skill set area too.

Read http://www.uscis.gov/eir/visa-guide/...feree/l-1-visa to understand more.

This is my opinion not legal advice.

[paolo.lensi]

Hi to L1A

Hi, I came to US on H1 visa in Jan 2013, prior to that I was in India working for same employer as Director but the India company was not a subsidiary of the US company back then. In late, the US company acquired the India entity. Is it possible to convert to L1A? Also, can I go back to India and work for the India company and apply as L1A while H1 is still active?

[raghvi]

I dont think you become eligible if the subsidiary was aquired after you spent 1 Year. In order to be eligible for L1A, you first need to work for the overseas subsidiary for 1 Continuous year, and then apply for L1A. Technically your H1 status goes "dormant" the moment you leave US.


This is my opinion not legal advice.